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COA: will can be admitted in Indiana

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Relying on the majority rule, the Indiana Court of Appeals concluded that a man’s will that was denied probate in Illinois could be admitted in Indiana to deal with real property located here.

Florian Latek owned his family’s farm in Porter County, but lived in Chicago and also owned real and personal property in Illinois. He executed a will, but he did not have it notarized. An Illinois court denied probate of Latek’s will because it failed to conform with Illinois’ self-proving requirements and because the witness’ signatures couldn’t be validated by testimony or by a formal attestation clause as required by Illinois law. His real and personal property in Illinois has since been distributed.

Nicholas Grapsas, the Illinois public administrator of Latek’s estate, challenged the admission and probate of the will in Indiana court concerning the Indiana property. Grapsas argued that because the Illinois court had already determined the will was invalid under Illinois law, Indiana was precluded under the doctrines of res judicata and full faith and credit from deciding the same issue.

On interlocutory appeal in In the Matter of the Estate of Florian T. Latek; Nicholas G. Grapsas, et al. v. Gerald Ronneau, No. 64A05-1103-ES-112, the COA found the majority rule – which provides that title to and disposition of real estate either by deed or will is governed by the law of the state where the land is situated – to be applicable. The judges cited cases from outside of Indiana as well as an Indiana Supreme Court case from 1897 that stated Indiana will follow the majority rule.

“We therefore conclude that under the majority rule, the Illinois Court’s denial of Latek’s Will to probate because it failed to comply with Illinois’s statutory execution requirements has no effect on the subsequent admission and probate of Latek’s Will in Indiana as it concerns the disposition of real property located in Indiana. Principles of res judicata and full faith and credit have no application in matters involving probate and title to realty,” wrote Judge Ezra Friedlander.

The appellate court also found the Indiana trial court did not abuse its discretion in appointing James Bozik, Latek’s attorney, as personal representative of Latek’s estate.

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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